Los Angeles Medical Malpractice Lawyer

In the past, the maximum damages for injuries or death was $250,000, regardless of the number of negligent healthcare providers. Thanks to the efforts of malpractice lawyer advocates, recoverable damages in 2025 are significantly higher. In wrongful death actions, the limit on damages for the loss of love, comfort, society and companionship ranges from $650,000 to $1,950,000 depending on the number of negligent doctors and hospitals and it increases by $50,000 every year. For injury cases like botched surgery, failure to detect post op bleeding, failure to diagnose cancer and other treatable diseases, the limit on pain, suffering, and loss of enjoyment of life damages ranges from $470,000 to $1,410,000 increasing by $40,000 per year. Economic damages for loss of earnings,financial support and medical expenses are not limited.

In a recent case for a delay in the diagnosis and treatment of lung cancer, I believed mistakes were made but had to retain an oncologist specializing in the treatment of lung cancer as well as a radiologist to interpret imaging studies of the lungs to testify not only about the nature of a small lesion on the lung of my client but also to discuss the duties of a radiologist to report the significance of the findings to the ordering doctor. Since the ordering doctor was a hospitalist, I retained a hospitalist expert as well as a family practitioner since the patient’s primary care doctor also ignored the findings.

As a malpractice litigator, I have to accept the limits on damages for pain and suffering and wrongful death. Before 2023, the limit was $250,000. For cases filed in 2026, it has been increased to $470,000 for “injuries” and $650,000 for wrongful death when there is only one defendant and more for multiple doctors and hospitals. These limits increase by $40,000 and $50,000 respectively each year. However, clients are not automatically “entitled” to these limits; damages are left to the discretion of jurors or arbitrators. There is no way to accurately predict the value of a case at the outset although some law firms claim they can do so. There are multiple factors that affect the value of a case including: How clear is negligence and what are the defenses? A doctor’s “error in judgment” is not necessarily negligence; nor is doctor’s choice of an alternative method of diagnosis or treatment. How complex is the “causation” element of the case? Negligence must be a “substantial factor” in bringing about the harm or death. Negligence is not a legal cause if the same result would have happened anyway. As a case proceeds through the litigation process, the evaluation of damages evolves.

Attorney’s fees are on a contingency basis agreed to by my clients. The maximum fees per Business and Professions Code Section 6146 are 25% of the total recovery, less litigation costs and expenses if the case is resolved before it is filed and 33% after a case is filed. If the case goes to trial, the Court has authority to grant a higher fee. 95% of my cases are resolved before trial.

One of the hidden “costs” of malpractice litigation is the emotional toll on the patient and family. They are unable to move on with their lives until the case is over. Many malpractice cases are not scheduled for trial for 3 years from filing due to our Court system being clogged with too many cases. I help my clients cope with their emotions as the litigation proceeds.

The unavailability of trial courts to resolve cases quickly led to the development of mediation and binding arbitration to resolve cases. Arbitrations are managed by private companies, and the cases are heard by a panel of arbitrators or in some cases, a single neutral arbitrator. The same laws and rules of evidence apply but the hearings take place much sooner than jury trials and typically do not take as long to complete. However, like a jury trial, arbitrations are expensive and clients have no control over the outcome. For that reason, mediation is a good way to resolve a malpractice case. Mediations are agreed to by all parties and are held before a trained mediator experienced in medical malpractice cases. It is the only path to case resolution where the client has control over the outcome. If the final offer is not satisfactory, the client can reject it. Most mediations are resolved by the end of the session.

There are unique time limits or statute of limitations for filing medical malpractice cases. This filing deadline is a cruel mistress and wipes out many valid claims. One of the hardest things I do is tell a potential client that their valid claim is too late and I cannot help. The general rule is that a patient or the family in a wrongful death case only has 1 year from the time they suffered an injury/death and should suspect it was caused by the carelessness of a doctor or nurse. Don’t wait until it’s too late.

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